HomeMy WebLinkAbout2. PLN-17-00021 - 467 StonewoodSTAFF REPORT
PLANNING DIVISION
DATE: MAY 3, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER
SUBJECT: PLN-17-00021 (SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND
REVISION TO A PLANNED SIGN PROGRAM) – A REQUEST TO
OPERATE A RESTAURANT WITH AN ABC TYPE 47 LICENSE AND
LIVE ENTERTAINMENT, CONDUCT FAÇADE MODIFICATIONS, AND
REVISE THE PERMITTED SIGNS
LOCATION: 467 STONEWOOD STREET
ZONING: SP 89-1 (STONEWOOD SPECIFIC PLAN)
REPORT SUMMARY
The proposed project is to establish a new restaurant (Rock and Brews) in the tenant space
formally occupied by the Garden Buffet restaurant in the Stonewood Center. The project
includes improvements to the existing tenant space, adding a new outdoor patio, exterior façade
modifications, updating the Stonewood Center Sign Program, and operating the restaurant with
a Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license
and live entertainment. Based on the analysis contained in this report, staff is recommending
the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT,
AND REVISION TO A PLANNED SIGN PROGRAM (PLN-17-00021),
THEREBY APPROVING A REQUEST TO OPERATE A RESTAURANT WITH
AN ABC TYPE 47 LICENSE AND LIVE ENTERTAINMENT, MODIFICATIONS
TO THE BUILDING FAÇADE S, AND REVISING THE PERMITTED SIGNS ON
PROPERTY LOCATED 467 STONEWOOD ST, ZONED SP 89-1
(STONEWOOD SPECIFIC PLAN).
BACKGROUND
The subject site is an approximate 63-acre site that encompasses the Stonewood Center. The
Stonewood Center was originally built in 1958 as an open-air mall; however, in 1990 the mall
was enclosed. The site has a General Plan Land Use Designation of General Commercial and
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is zoned Stonewood Specific Plan (SP 89-1). The site is generally bounded by Lakewood Blvd,
Firestone Blvd, Woodruff Ave, and Cecilia St. The Stonewood Center is a single-story (anchors
are multiple stories) regional mall with over 900,000 square feet of leasable area, which
includes inline tenants, four anchor tenants (Sears, Macy’s, Kohl’s, JCPenney), and several
restaurants within the enclosed mall. The site also includes four outlying buildings that contain
two auto repair businesses (Sears & Firestone) and two restaurants (Acapulco and Olive
Garden). Parking lots that provide capacity for approximately 4,800 vehicles are located
throughout the site.
The proposed restaurant will occupy a tenant space that was formally occupied by the Garden
Buffet restaurant, which is located on the south side of the mall, between Sears and Macy’s.
This space has been vacant since early 2016.
Existing Façade of Tenant Space
Surrounding land uses include:
North – The north side of the subject site has a General Plan Land Use Designation of
Low Density Residential and is zoned R-1 (Single Family Residential). This area is
improved with single-family homes.
South - The properties to the south of the project site, across Firestone Blvd, are within
the Lakewood-Firestone Specific Plan (SP 91-2) and have a General Plan Land Use
Designation of General Commercial. These properties are improved with a variety of
commercial uses.
East – The properties to the east of the subject site, across Woodruff, are developed
with residential. The single family homes are within the Low Density Residential Land
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Use Designation and are zoned R-1 (Single Family Residential); whereas, the
condominiums are within the Medium Density Residential Land Use Designation and are
zoned R-3 (Multi-Family Residential).
West - The properties to the west of the subject site are located across Lakewood Blvd,
are zoned C-P (Commercial Professional) and have a General Plan Land Use
Designation of Office. These properties are improved with a combination of retail,
offices, and residential.
On February 6, 2017, the applicant submitted a request to establish the restaurant at the subject
site. After a thorough review of the request, staff deemed this application incomplete on
March 6, 2017, due to missing information on the project plans. The remaining information
needed to complete the application was submitted to staff on April 7, 2017. As such, staff
deemed the request complete on April 12, 2017.
On April 20, 2017, notice of the pending public hearing was published in the Downey Patriot; as
well as, directly mailed to all property owners within 500 feet of the subject site.
DISCUSSION
Rock and Brews is a national restaurant chain with 16 locations throughout the United States
and two locations in Mexico. They specialize in American comfort food and a large variety of
beers. The restaurants are themed with a family friendly rock and roll music environment. Rock
and Brews is proposing to locate in a vacant tenant space on the south side of the mall,
between Macy’s and Sears. The space generally measures 121’-2¾” wide by 63’-97/8” deep.
The tenant space is 7,440 square feet and will contain the dining room, bar area, kitchen, and
all related support areas. Currently, the tenant space is accessed from one door near the
southeast corner of the space, which is outside of the mall. There is no entry from the interior of
the mall to the restaurant. The applicant will be adding a second access on the southeast
corner (facing the parking lot) to give the restaurant an enhanced and more inviting entry for
their patrons. In addition to the interior improvements, the applicant is proposing to add a 960
square foot outdoor patio on the south side of the building. The patio will include tables and
chairs, and a small children’s play area.
The proposed hours of operation for the restaurant are 9:00 a.m. until 2:00 a.m., seven (7) days
a week. According to the applicant, they will employ approximately 120 people at this location,
with an average of 30 employees working at any given time. Rock and Brews will operate with
a Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) licenses,
thus allowing them to serve a plethora of alcoholic beverages. Additionally, they are proposing
live entertainment, which will include live bands playing once or twice a month. The
recommended conditions of approval will allow either amplified and/or acoustic bands to play.
Regardless of the type of band, Rock and Brews is required to comply with the City’s noise
ordinance. The applicant’s proposal does not include a stage; but instead, they will convert a
portion of the private dining room, which opens up to the general dining area, for the band
setup. While it is not anticipated that this use will create a problem for the City, staff is
recommending several conditions of approval to prevent issues from arising. This includes
gross sales of alcohol shall not exceed the gross sales of food, live music shall conclude by
1:00 a.m., and pay-per-view sporting events shall not be shown in the outdoor patio.
The applicant is proposing to refresh the exterior of the tenant space and eliminate the existing
beige color scheme. Staff met with the applicant multiple times to ensure the proposed
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improvements achieve the City’s desire for high quality design. As a result, the applicant is
adding corrugated metal to the sides of the building. This additional material adds a new texture
that enhances the aesthetic quality of the building. The corrugated metal also allows a dark
grey to be used to frame out and augment the building articulation. Above the entry doors, the
applicant will provide black metal canopies that have lit tiki torches on each corner. The outdoor
patio will be surrounded with 11-foot tall walls and a retractable awning cover. The patio walls
will have six-foot wide open-air windows that include a small fire element on the base of the
opening. To complete the appearance, a brick wainscot is provided along the base of the
building. It is staff’s opinion the improvements to the façade will update the dreary architecture
of this portion of the mall. The multiple materials and colors provide surfaces that enhance the
architectural details of the building.
Proposed Finished Materials and Colors
Surface Material Finish Style Color
Façade (main) Corrugated Metal Exposed Fastener Multi-Rib Brite Red
Façade (highlight) Corrugated Metal Smooth Break Grey
Patio Walls (columns) Stucco Smooth Finish Graphite
Patio Walls (base) Stucco Smooth Finish Deep Rose
Entry Canopy Metal N/A Absolute Black
Patio Awning Canvas N/A Black
Wainscot Brick Veneer Coronado Clay Brick Series Richland
A combination of gooseneck lights, LED uplighting on the metal trim cap of the building, and
down lighting under the entry canopies will ensure the building is properly illuminated at night.
Finally, new landscape planters will be added to the exterior of the patio wall, which will planted
with Western Blue-Eyed Grass (Festuca californica). This plant will grow up to 4½’ tall and 3½’
wide. This drought tolerant plant has a silver blueish green color that will complement the
architectural style of the building. It should be noted that this project will result in the removal of
three existing palm trees. Staff is recommending a condition of approval to require three new
palm trees be planted elsewhere on the site.
Rendering of Proposed Project
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The approved signs for Stonewood Center are listed in the Planned Sign Program (DR 89-21),
which was approved by the Design Review Board on November 22, 1989. The Specific Plan
does not specify a maximum size of tenant signs; however, the Planned Sign Program allows
this tenant space to have a single sign on the south façade that does not exceed 100 square
feet. The applicant is requesting to modify the Planned Sign Program to allow additional
signage, which includes the following signs:
Type Description Size Number Total Size
Wall Sign Rock & Brews w/ Guitar 149.17 s.f. 2 298.34 s.f.
Roof Sign Rock & Brews 140 s.f. 1 140 s.f.
Canopy Restaurant 5.91 s.f. 2 11.82 s.f.
Wall Sign Music Logos Various 7 30.06 s.f.
Menu Board Menu Boards 10 s.f. 3 30 s.f.
Total: 510.22 s.f.
As noted in the table above, this proposal would increase the total signage for the business to
510 s.f. and allow for a roof sign, which is not permitted in the City, typically. Notwithstanding
this, Section VI(D)(19) of the Stonewood Specific Plan allows deviations to the Planned Sign
Program, if approved by the Planning Commission.
The Stonewood Center management has worked hard over the past few years to attract quality
tenants to the eastern side of the mall. Staff believes that this use will help activate this side of
the mall and provide a benefit to the mall patrons; as well as, the community as a whole.
DEVELOPMENT REVIEW COMMITTEE
On February 23, 2017, the proposal went before the City’s Development Review Committee.
During this meeting, the Fire Department noted that the location of the outdoor patio will require
relocation of two post indicator valves. The Police Department noted that the applicant will need
to submit a security plan and requested that pay per view sporting events not be shown in the
outdoor patio. Public Works requested that an existing fire hydrant be retrofitted to bring it up to
current standards and to be able to accommodate the expansion of the fire sprinkler system.
Conditions of approval are included in the draft approval resolution to implement these
requirements.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of the
California Environmental Quality Act. Class 1 consists of projects that involve no or negligible
expansion of the existing use. The restaurant will occupy an existing tenant space that was
previously used as a restaurant. The addition of an outdoor patio will allow a negligible increase
in the customer size over the existing space. As such, staff believes that the proposed project
qualifies for the Class 1 exemption.
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FINDINGS
Site Plan Review
Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted
prior to the Planning Commission approving the Site Plan Review. A discussion of the findings
follows:
A. The site plan is consistent with the goals and policies embodied in the General
Plan and other applicable plans and policies adopted by the Council.
The subject site has a General Plan Land Use Designation of General Commercial and
is zoned Stonewood Specific Plan (SP 89-1). The intent of the land use designation and
zoning to provide commercial and service uses in the City that serves the broadest
community and regional needs. Furthermore, General Plan Policy 1.1.4 states “Provide
an appropriate amount of land area for people to acquire goods and services.” It is
staff’s opinion that the proposed restaurant will meet these needs by providing an
additional eating establishment for those who live and work in the area. It is staff’s
further opinion that this restaurant will be complementary to the other retail/commercial
uses that are located in the vicinity of the project site. It is also a policy of the General
Plan (Policy 8.2.2) to “Promote the upgrading of properties.” Staff believes the proposed
improvements achieve this goal of this policy since it will enhance the aesthetic quality of
the existing mall. For these reasons, staff believes the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
B. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
One of the purposes of the Zoning Code is to allow development of properties, while
avoiding impacts of the adjoining area. In this case, the zoning is implemented through
the Stonewood Specific Plan (SP 89-1), which regulates how the mall is developed and
utilized. Staff is of the opinion that the façade modifications will help activate the eastern
side of the mall, which is one of the objectives of the zoning. The restaurant is not only
complimentary use with other mall tenants, but it provide additional foot traffic and
customer base to support said tenants. Furthermore, the proposed project does not
alter the existing setbacks, parking lots, or circulation. The proposed façade
improvements not only comply with the development standards within the zoning district,
but also can be achieved while avoiding impacts to other uses in the area. For these
reasons, staff feels that proposed project is consistent with the purpose and objects of
the zoning code.
C. The proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
The proposed restaurant will occupy an existing tenant space and will not alter existing
setbacks, parking lots, or circulation on the site. Notwithstanding this, the applicant is
requesting to modify the existing facades of the building. It is staff’s opinion that the
proposed materials and colors will add new texture to the walls. These textures
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integrate harmoniously into the architectural style of the building. Staff further believes
that the proposed design will reduce amount of beige on the mall building and provide an
aesthetic enhancement to the immediate neighborhood, and the surrounding areas of
the City.
D. The site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
The proposed restaurant will occupy an existing tenant space and will not alter existing
setbacks, parking lots, luminaries or circulation of the site. Notwithstanding this, the
project will require removal of thee mature palm trees. To accommodate the loss of
these trees, the applicant has worked with the property owner to plant three new trees
elsewhere on the site. Accordingly, staff believes that the applicant has considered the
functional aspects of the site development, such as automobile and pedestrian
circulation, landscaping, signs, and the visual effects of the development from the view
of the public streets.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
The subject site is improved with the Stonewood Center, a regional shopping mall. The
use of multiple architectural styles on large buildings, such as the mall, can provide
architectural relief, while avoiding monotony. The applicant has achieved this goal with
the corrugated metal finish, bold colors, retractable fabric awning over the patio, and
brick veneer wainscot. Staff is of the opinion that the proposed architecture will allow the
building to avoid monotony, but still blend pleasantly into the other architecture used
throughout the mall. Staff is of the further opinion that this project will upgrade the
overall appearance of the site and, in turn, improve the community appearance.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed restaurant will occupy an existing tenant space and will not alter existing
setbacks, parking lots, luminaries or circulation of the site. This project will reestablish a
restaurant in the tenant space, which has been vacant for over a year, which in turn is
anticipated to active the eastern side of the mall. Furthermore, staff is of the opinion that
the project will eliminate the existing monotone beige color scheme on the façade of the
tenant space and upgrade it to a new bold style. As such, staff feels that the
enhancements will upgrade the appearance of the building and provide a betterment to
the aesthetic quality of the area.
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G. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
As part of this project, staff is recommending several conditions of approval, which
include the use of graffiti resistant materials in the construction of the building. Should
any graffiti appear on the site, staff has recommended an additional condition of
approval that the applicant have it removed within 48 hours of application. With these
conditions, staff feels that the design features will include be in accordance with Section
4960 of the Municipal Code.
Conditional Use Permit
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to the Planning Commission approving the Conditional Use Permit. A discussion of the
findings follows:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of the zoning code or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The subject site has a General Plan Land Use Designation of General Commercial and
is zoned Stonewood Specific Plan (SP 89-1). The intent of the land use designation and
zoning to provide commercial and service uses in the City that serves the broadest
community and regional needs. Furthermore, General Plan Policy 1.1.4 states “Provide
an appropriate amount of land area for people to acquire goods and services.” It is
staff’s opinion that the proposed restaurant will meet these needs by providing an
additional eating establishment for those who live and work in the area. It is staff’s
further opinion that this restaurant will be complementary to the other retail/commercial
uses that are located in the vicinity of the project site. It is also a policy of the General
Plan (Policy 8.2.2) to “Promote the upgrading of properties.” Staff believes the proposed
improvements achieve this goal of this policy since it will enhance the aesthetic quality of
the existing mall. For these reasons, staff believes the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is within a fully developed area of the City, with few vacant properties in
the immediate area. The proposed restaurant will occupy an existing tenant space
within Stonewood Center, which is on a 63-acre site. Staff believes that the restaurant
use is complimentary to other mall tenants and will provide additional foot traffic and
customer base to support said tenants. Staff further feels that due to the size of the site
and the large parking lots, sufficient buffer exists to allow operation of the business
without impacting uses on other properties. Accordingly, this restaurant can operate
with the alcohol sales and live entertainment while not adversely affecting the adjoining
land uses and the growth and development of the area.
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C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
The subject site is an approximate 63-acre parcel that is improved with the Stonewood
Center, which has over 900,000 square feet of leasable area and a 4,800-space parking
lot. The proposed use will occupy 8,400 square feet on the southeast side of the
existing mall. Since the tenant space was previously used as a restaurant, the proposed
use will not alter on-site circulation, parking, or pedestrian access to the site. As such,
staff believes that the subject site has sufficient shape and size to accommodate the
proposed use.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
Access to the subject site is from Lakewood Blvd, Firestone Blvd, Woodruff Ave, and
Cecilia St. Staff has reviewed the proposal and any potential increase in traffic caused by
operation of the business. It is staff’s opinion that the surrounding streets and highways in
the area have sufficient capacity to accommodate the minimal increase in traffic that might
be generated by the business.
Planned Sign Program
Pursuant to Municipal Code Section 9610.06, there are six (6) findings that must be adopted
prior to the Planning Commission approving the Planned Sign Program. A discussion of the
findings follows:
A. The proposed signs are permitted within the zone and comply with all applicable
provisions of the Zoning Code, the General Plan, and any other applicable
standards.
Program 8.1.1.8 of the General Plan states, “Promote good quality sign design.” It is
staff’s opinion that the proposed signs are aesthetically consistent with the building’s
architecture. This will enhance the mall’s appearance, thus it is consistent with the
aforementioned General Plan program. Furthermore, Section VI(D)(19) of the
Stonewood Specific Plan allows the Planning Commission to approve deviations to the
Planned Sign Program.
B. The signs allowed by the Planned Sign Program are in proper proportion to the
structure or site on which it is located.
In order to ensure wall signs are in proportion with the building, the City must analyze
the overall sign size, spacing, and any conflicts with architectural features on the
building. Staff believes that the applicant has provided proper spacing between the
signs to avoid a massive appearance of the signs. Furthermore, the signs are
aesthetically consistent with the architecture of all the buildings. Based on this, staff
believes the applicant has ensured that the signs allowed by the Planned Sign Program
are in proportion to the building.
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C. The proposed sign materials, color, texture, size, shape, height, and placement
are compatible with the design of the structure(s), property, and neighborhood of
which it is a part.
The building will have a variety of textures and colors. It is staff’s opinion that the signs
are aesthetically consistent with the building design. Staff believes that signs will add
additional dimension and shape to the building. Additionally, the size each sign are
consistent with the building setbacks and the apparent mass of the tenant space.
D. The sign’s illumination is at the lowest reasonable level as determined by the City
Planner, which ensures adequate identification and readability, and is directed
solely at the sign or is internal to it.
All signs are internally illuminated, which minimizes any light or glare being generated
from the signs. Staff is of the opinion that this design of the lighting for the signs allows
a reasonable illumination of the signs while advoiding unnecessary light and glare. As
such, staff feels the lowest reasonable level of illumination is being used for the sign.
E. The sign is not detrimental to the public interest, health, safety, or welfare.
The signs do not block pedestrian or vehicle access to the site, nor do they create a
potential safety hazard on the site. Furthermore, staff is of the opinion that the design of
the signs will enhance the streetscape in the area. As such, staff feels that the proposed
sign program will not be detrimental to the public interest, health, safety, or welfare.
F. The sign is in compliance with Section 9624, Lighting and Design Standards.
Section 9624 of the Municipal Code addresses two aspects regarding signs. The first is
proper illumination of signs. It is staff’s opinion that since the signs are internally
illuminated, they are in compliance with Section 9624 of the Municipal Code. The
second aspect is to ensure signs are properly designed to be architecturally compatible
with the site. As noted previously in this report, it is staff’s opinion that the proposed
signs utilize proper materials and design to make them compatible with the architecture
of the existing building. As such, staff believes the sign program is in compliance with
Municipal Code Section 9624.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Specific Plan. Furthermore, staff
is concluding that the architectural style of the building will complement the area and provide a
general upgrade to the aesthetic quality of the area. Finally, as noted above, staff believes that
all findings required for approving the requested entitlements can be made in a positive manner.
As such, staff recommends that the Planning Commission approve the Site Plan Review,
Conditional Use Permit, and Planned Sign Program (PLN-17-00021), subject to the
recommended conditions of approval.
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EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
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MAPS
Location
Aerial Photograph
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Zoning
Agenda Page 13
RESOLUTION NO. ___________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT,
AND REVISION TO A PLANNED SIGN PROGRAM (PLN-17-00021),
THEREBY APPROVING A REQUEST TO OPERATE A RESTAURANT WITH
AN ABC TYPE 47 LICENSE AND LIVE ENTERTAINMENT, MODIFICATIONS
TO THE BUILDING FAÇADES, AND REVISING THE PERMITTED SIGNS ON
PROPERTY LOCATED 467 STONEWOOD ST, ZONED SP 89-1
(STONEWOOD SPECIFIC PLAN).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On February 6, 2017, the applicant submitted a request to establish the restaurant at the
subject site. After a thorough review of the request, staff deemed this application
incomplete on March 6, 2017, due to missing information on the project plans; and,
B. On April 7, 2017, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete on April 12, 2017;
and,
C. On April 20, 2017, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on May 3, 2017, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed project has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
1. The site plan is consistent with the goals and policies embodied in the General Plan and
other applicable plans and policies adopted by the Council. The subject site has a
General Plan Land Use Designation of General Commercial and is zoned Stonewood
Specific Plan (SP 89-1). The intent of the land use designation and zoning to provide
commercial and service uses in the City that serves the broadest community and
regional needs. Furthermore, General Plan Policy 1.1.4 states “Provide an appropriate
amount of land area for people to acquire goods and services.” The proposed
restaurant will meet these needs by providing an additional eating establishment for
those who live and work in the area. This restaurant will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The
Agenda Page 14
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 2
proposed improvements achieve this goal of this policy since it will enhance the
aesthetic quality of the existing mall. For these reasons, the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. One of the purposes of the Zoning Code is
to allow development of properties, while avoiding impacts of the adjoining area. In this
case, the zoning is implemented through the Stonewood Specific Plan (SP 89-1), which
regulates how the mall is developed and utilized. The façade modifications will help
activate the eastern side of the mall, which is one of the objectives of the zoning. The
restaurant is not only complimentary use with other mall tenants, but it provide additional
foot traffic and customer base to support said tenants. Furthermore, the proposed
project does not alter the existing setbacks, parking lots, or circulation. The proposed
façade improvements not only comply with the development standards within the zoning
district, but also can be achieved while avoiding impacts to other uses in the area.
3. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site, the immediate neighborhood, and the surrounding areas of the City. The proposed
restaurant will occupy an existing tenant space and will not alter existing setbacks,
parking lots, or circulation on the site. Notwithstanding this, the applicant is requesting
to modify the existing facades of the building. The proposed materials and colors will
add new texture to the walls, which will integrate harmoniously into the architectural style
of the building. The proposed design will reduce amount of beige on the mall building
and provide an aesthetic enhancement to the immediate neighborhood, and the
surrounding areas of the City.
4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The proposed restaurant will occupy an existing tenant space and will not alter existing
setbacks, parking lots, luminaries or circulation of the site. Notwithstanding this, the
project will require removal of thee mature palm trees. To accommodate the loss of
these trees, the applicant has worked with the property owner to plant three new trees
elsewhere on the site. Accordingly, the applicant has considered the functional aspects
of the site development, such as automobile and pedestrian circulation, landscaping,
signs, and the visual effects of the development from the view of the public streets.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The subject site is improved with the Stonewood Center, a regional shopping mall. The
use of multiple architectural styles on large buildings, such as the mall, can provide
architectural relief, while avoiding monotony. The applicant has achieved this goal with
the corrugated metal finish, bold colors, retractable fabric awning over the patio, and
brick veneer wainscot. The proposed architecture will allow the building to avoid
monotony, but still blend pleasantly into the other architecture used throughout the mall.
This project will upgrade the overall appearance of the site and, in turn, improve the
community appearance
Agenda Page 15
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 3
6. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The proposed restaurant will
occupy an existing tenant space and will not alter existing setbacks, parking lots,
luminaries or circulation of the site. This project will reestablish a restaurant in the
tenant space, which has been vacant for over a year, which in turn is anticipated to
active the eastern side of the mall. Furthermore, the project will eliminate the existing
monotone beige color scheme on the façade of the tenant space and upgrade it to a new
bold style.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. Several conditions of approval, which include the
use of graffiti resistant materials in the construction of the building. Should any graffiti
appear on the site, the condition of approval require that the applicant have it removed
within 48 hours of application.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code or the City’s General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has a
General Plan Land Use Designation of General Commercial and is zoned Stonewood
Specific Plan (SP 89-1). The intent of the land use designation and zoning to provide
commercial and service uses in the City that serves the broadest community and
regional needs. Furthermore, General Plan Policy 1.1.4 states “Provide an appropriate
amount of land area for people to acquire goods and services.” The proposed
restaurant will meet these needs by providing an additional eating establishment for
those who live and work in the area. This restaurant will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The
proposed improvements achieve this goal of this policy since it will enhance the
aesthetic quality of the existing mall. For these reasons, the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
2. The requested use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The subject site is within
a fully developed area of the City, with few vacant properties in the immediate area. The
proposed restaurant will occupy an existing tenant space within Stonewood Center,
which is on a 63-acre site. The restaurant use is complimentary to other mall tenants
and will provide additional foot traffic and customer base to support said tenants. Due to
the size of the site and the large parking lots, sufficient buffer exists to allow operation of
the business without impacting uses on other properties. Accordingly, this restaurant
can operate with the alcohol sales and live entertainment while not adversely affecting
the adjoining land uses and the growth and development of the area
Agenda Page 16
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 4
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
The subject site is an approximate 63-acre parcel that is improved with the Stonewood
Center, which has over 900,000 square feet of leasable area and a 4,800-space parking
lot. The proposed use will occupy 8,400 square feet on the southeast side of the
existing mall. Since the tenant space was previously used as a restaurant, the proposed
use will not alter on-site circulation, parking, or pedestrian access to the site.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Access to the subject site is from Lakewood Blvd,
Firestone Blvd, Woodruff Ave, and Cecilia St. The City has reviewed the proposal and any
potential increase in traffic caused by operation of the business. It has been found that the
surrounding streets and highways in the area have sufficient capacity to accommodate the
minimal increase in traffic that might be generated by the business.
SECTION 5. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Planned Sign Program, the Planning Commission further
finds, determines and declares that
1. The proposed signs are permitted within the zone and comply with all applicable
provisions of the Zoning Code, the General Plan, and any other applicable standards.
Program 8.1.1.8 of the General Plan states, “Promote good quality sign design.” The
proposed signs are aesthetically consistent with the building’s architecture. This will
enhance the mall’s appearance, thus it is consistent with the aforementioned General
Plan program. Furthermore, Section VI(D)(19) of the Stonewood Specific Plan allows
the Planning Commission to approve deviations to the Planned Sign Program.
2. The signs allowed by the Planned Sign Program are in proper proportion to the structure
or site on which it is located. In order to ensure wall signs are in proportion with the
building, the City must analyze the overall sign size, spacing, and any conflicts with
architectural features on the building. The applicant has provided proper spacing
between the signs to avoid a massive appearance of the signs. Furthermore, the signs
are aesthetically consistent with the architecture of all the buildings. Based on this, the
applicant has ensured that the signs allowed by the Planned Sign Program are in
proportion to the building.
3. The proposed sign materials, color, texture, size, shape, height, and placement are
compatible with the design of the structure(s), property, and neighborhood of which it is
a part. The building will have a variety of textures and colors. The signs are
aesthetically consistent with the building design and the signs will add additional
dimension and shape to the building. Additionally, the size each sign are consistent with
the building setbacks and the apparent mass of the tenant space.
4. The sign’s illumination is at the lowest reasonable level as determined by the City
Planner, which ensures adequate identification and readability, and is directed solely at
the sign or is internal to it. All signs are internally illuminated, which minimizes any light
or glare being generated from the signs. This design of the lighting for the signs allows a
reasonable illumination of the signs while advoiding unnecessary light and glare. As
such, the lowest reasonable level of illumination is being used for the sign.
Agenda Page 17
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 5
5. The sign is not detrimental to the public interest, health, safety, or welfare. The signs do
not block pedestrian or vehicle access to the site, nor do they create a potential safety
hazard on the site. Furthermore, the design of the signs will enhance the streetscape in
the area. As such, the proposed sign program will not be detrimental to the public
interest, health, safety, or welfare.
6. The sign is in compliance with Section 9624, Lighting and Design Standards. Section
9624 of the Municipal Code addresses two aspects regarding signs. The first is proper
illumination of signs. Since the signs are internally illuminated, they are in compliance
with Section 9624 of the Municipal Code. The second aspect is to ensure signs are
properly designed to be architecturally compatible with the site. The proposed signs
utilize proper materials and design to make them compatible with the new proposed
architecture of the building.
SECTION 6. Based upon the findings set forth in Sections 1 through 5 of this resolution,
the Planning Commission of the City of Downey hereby approves the Site Plan Review,
Conditional Use Permit, and Planned Sign Program (PLN-17-00021), subject to conditions of
approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and
general welfare of the community and enable the Planning Commission to make the findings set
forth in the previous sections. The conditions are fair and reasonable for the accomplishment of
these purposes.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2017.
Jim Rodriguez, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 3rd day of May,
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 18
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 6
SITE PLAN REVIEW, CONDITIONAL USE PERMIT
AND PLANNED SIGN PROGRAM (PLN-17-00021)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review, Conditional Use Permit, and Planned Sign
Program (PLN-17-00021) allows a new restaurant (Rock and Brews) to operate with a
Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place)
license and live entertainment. Additionally, this approval allows the construction of a
new outdoor patio, modifications exterior façades of the tenant space, and updates to
the signs as listed below.
2) Approval of this Site Plan Review, Conditional Use Permit, and Planned Sign Program
(PLN-17-00021) shall not be construed to mean any waiver of applicable and
appropriate zoning regulations, or any Federal, State, County, and City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City of
Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties and the public right-of-way.
6) The permitted hours of operation shall be 9:00 a.m. to 2:00 a.m., seven (7) days a week.
7) The gross sales of alcohol shall not exceed the gross sales of food. At the request of
the City Planner, the applicant shall provide evidence that the gross sales of food
exceed 50% the gross sale of alcohol.
8) All roof-mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
Agenda Page 19
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 7
9) The kitchen shall remain open to serve a full menu at all times the business is open.
The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in
compliance with this condition
10) The approved architectural style shall be as approved by the Planning Commission. The
finish material, and colors shall be as follows:
Proposed Finished Materials and Colors
Surface Material Finish Style Color
Façade (main) Corrugated Metal Exposed Fastener Multi-Rib Brite Red
Façade (highlight) Corrugated Metal Smooth Break Grey
Patio Walls (columns) Stucco Smooth Finish Graphite
Patio Walls (base) Stucco Smooth Finish Deep Rose
Entry Canopy Metal N/A Absolute Black
Patio Awning Canvas N/A Black
Wainscot Brick Veneer Coronado Clay Brick Series Richland
Changes to the facades and/or colors shall be subject to the review and approval of the
City Planner. At his/her discretion, the City Planner may refer changes to the facades
and/or colors to the Planning Commission for consideration.
11) Customers shall not be within the business after the specified closing time
12) Live entertainment shall be limited to live bands only. Bands may be acoustic and/or
amplified. Bands shall be setup within the dining room and shall not play in the outdoor
dining area.
13) The business shall comply with the City of Downey’s noise ordinance.
14) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
15) Any graffiti applied to the site shall be removed within 48 hours.
16) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
17) Prior to the final of building permits, all landscaping and irrigation shall be installed. This
shall include replacement of the three palm trees. The type, size and number of
landscaping shall be as noted on the approved landscape plan. All landscape shall be
installed and permanently maintained.
18) Any bollards added to the site shall be decorative in nature and shall be approved by the
City Planner.
Agenda Page 20
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 8
19) Signs shall be installed as approved by the Planning Commission. Signs shall be limited
to:
Type Description Size Number Total Size
Wall Sign Rock & Brews w/ Guitar 149.17 s.f. 2 298.34 s.f.
Roof Sign Rock & Brews 140 s.f. 1 140 s.f.
Canopy Restaurant 5.91 s.f. 2 11.82 s.f.
Wall Sign Music Logos Various 7 30.06 s.f.
Menu Board Menu Boards 10 s.f. 3 30 s.f.
Total: 510.22 s.f.
BUILDING
20) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
21) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
FIRE DEPARTMENT
22) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
23) A fire sprinkler system and a fire alarm system shall be installed for a Group A –
Assembly occupancy. Approval of the sprinkler and alarm systems shall be done
through a ‘Deferred Submittal” in which additional requirements to meet the code may be
added.
24) All fire lanes adjacent to the tenant space shall be clearly identified including the use of
red curbs and signs. All fire access shall require turn around area for fire apparatus, as
approved by the Fire Chief.
25) The applicant shall relocate the two PIVs for Zone 12 of the mall, which are currently
located inside the proposed kids play area.
26) A UL-300 cooking hood fire suppression system shall be provided.
27) All refrigerated gases (e.g. CO2, N2) shall meet requirements of CFC and NFPA 55 and
be provided with leak detection appliances and approved warning systems.
28) The handling of refrigerated gases in excess of 1000 scf shall require electronic
submittal of hazmat business plan to CERS.
29) The applicant shall provide approved Knox Box for the location;
Agenda Page 21
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 9
PUBLIC WORKS
30) All new onsite utilities shall be installed underground.
31) The business shall utilize the existing trash enclosures provided by the mall.
32) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
33) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
owner/applicant shall provide a design that conveys all onsite drainage over a vegetative
swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain.
34) The owner/applicant shall provide that all construction graffiti created as part of this
project to be removed.
35) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work. Contact Ed Estrella,
Assistant Civil Engineer II, at (562) 904-7110 for information.
36) Submit public improvement plan(s) for review and approval by Public Works
Department.
37) The owner/applicant shall retrofit one existing fire hydrant in accordance to latest Fire
Department and Department of Public Works standards including but not limited to
furnishing and installation of a new riser, fire hydrant head, and associated fittings.
38) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required.
39) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping.
40) Backflow devices shall be certified in the field by a licensed LA County Department of
Public Health certified tester prior to placing into service and such certification provided
to City.
Agenda Page 22
Resolution No.
Downey Planning Commission
467 Stonewood St – PLN-17-00021
May 3, 2017- Page 10
POLICE
41) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
42) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Clothing that immediately identified the wearer as a member or associate of a
criminal street gang, tagging crew, or outlaw motorcycle gang. Such attire may include:
baggy pants, bandanas, motorcycle vests with club identifiers, etc.
43) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicable
regulations of ABC.
44) A copy of the Conditional Use Permit and any Police Permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies upon
request by any Police Officer or other City official charged with the enforcement of the
City’s laws, ordinances, or regulations.
45) Prior to the commencement of operations, the applicant shall submit and obtain approval
of a security plan to the Chief of Police. The number of security guards at the location
shall be at the discretion of the Chief of Police.
46) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
47) Pay per view sporting events shall not be shown on the televisions in the outdoor patio.
Agenda Page 23
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